Hansard

The Convener SNP

Item 2 is the Abusive Behaviour and Sexual Harm (Scotland) Bill. I will try to ensure that we get through all the amendments today, so speeches should be sho...

The Convener SNP

Amendment 69, in the name of Margaret Mitchell, is in a group on its own.

Margaret Mitchell Con

Amendment 69, which was lodged on behalf of the Law Society of Scotland, would restrict the test for the domestic abuse aggravation to intent rather than int...

Elaine Murray Lab

I oppose amendment 69. I think that it would provide abusers with a defence that they did not mean to do what they did. I listened to what the Law Society ha...

Roderick Campbell SNP

I concur with Elaine Murray’s views about the wideness of the provision. From looking back at its evidence, I think that the Law Society seemed to be instinc...

The Convener SNP

And, on cue, cabinet secretary.

The Cabinet Secretary for Justice (Michael Matheson) SNP

Amendment 69 relates to the domestic abuse aggravator in section 1. The bill provides that, where an offence is committed against an offender’s partner or ...

Margaret Mitchell Con

It is clear that amendment 69 is a probing amendment. What the cabinet secretary has not addressed in his comments is the issue of recklessness when it is a ...

The Convener SNP

Amendment 70, in the name of Margaret McDougall, is grouped with amendments 72 to 82.

Margaret McDougall Lab

The aim of these amendments is to expand the disclosure section in the bill. The bill only covers the disclosure of photographs and film. The amendments, whi...

John Finnie Ind

I have to say that I have changed my position on this matter. The intention of this section of the bill is very clear. Margaret McDougall talked about those ...

Roderick Campbell SNP

I recognise that there are different opinions from various groups about whether the section should be extended. I take on board the point that Margaret McDou...

Alison McInnes (North East Scotland) (LD) LD

I will not say very much, because I do not have much of a voice. I suggest that we proceed cautiously. I agree with what Roddy Campbell said, and I do not su...

The Convener SNP

Some people will wish that I would get that affliction occasionally. Laughter. The cabinet secretary is smiling in agreement at that comment, which is not a ...

Michael Matheson SNP

Amendments 70 and 72 to 82 would expand the scope of the intimate images offence at section 2 to cover intimate sound recordings and written communications. ...

Margaret McDougall Lab

I understand that amendment 70 might introduce unintended consequences, but you have to show criminal intent to break the law and be charged with a crime. As...

The Convener SNP

You have already moved it and, because you have asked the cabinet secretary to respond, I will allow him to do so.

Michael Matheson SNP

The first thing that I should say is that recklessness is not the same as intent, and the test is less onerous in those cases. I am always willing to have d...

The Convener SNP

It is decision time, Margaret.

Margaret McDougall Lab

I note what the cabinet secretary says, but I will press amendment 70.

The Convener SNP

The question is, that amendment 70 be agreed to. Are we agreed? Members: No.

The Convener SNP

There will be a division. For Finnie, John (Highlands and Islands) (Ind) McDougall, Margaret (Central Scotland) (Lab) Murray, Elaine (Dumfriesshire) (Lab...

The Convener SNP

The result of the division is: For 3, Against 6, Abstentions 0. Amendment 70 disagreed to.

The Convener SNP

Amendment 71, in the name of Margaret Mitchell, is in a group on its own.

Margaret Mitchell Con

Section 2 will create a new offence of disclosing, or threatening to disclose, an intimate photograph or film. Under section 2(1), an offence will be committ...

Elaine Murray Lab

I oppose amendment 71, for many of the reasons why I opposed amendment 69. As I said during the stage 1 debate, I have no sympathy for the flatmate who takes...

The Convener SNP

Boxer shorts are featuring highly in today’s conversation. I know we are going to have more of this.

Roderick Campbell SNP

Perhaps I should refer to my interest—

The Convener SNP

I thought that you were going to refer to your boxer shorts for a moment. I beg your pardon—that was very silly of me.

Roderick Campbell SNP

That would be too much information, convener. I was referring to my entry in the register of members’ interests and my membership of the Faculty of Advocates...